Allahabad High Court
PRAMOD KUMAR TIWARIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The writ petition is not maintainable as the dispute is private and must be pursued under the Uttar Pradesh Revenue Code, 2006.
Summary
The petitioner, Pramod Kumar Tiwari, filed a writ petition seeking a mandamus directing the State respondents to act on his application dated 22-12-2025 and to remove an alleged illegal encroachment on his land, also seeking compensation for damages. The State argued that the dispute was private and that the petitioner should pursue relief under Section 134 of the Uttar Pradesh Revenue Code, 2006, rendering the writ petition non-maintainable. The court examined the nature of the grievance and agreed that it fell within the ambit of a revenue matter, not a public law issue suitable for a writ. Consequently, the petition was dismissed for lack of maintainability, with liberty granted to approach the competent revenue authority. The decision underscores that private land disputes must be pursued through statutory remedies rather than writ jurisdiction.
Issues considered
- What is the appropriate forum for redress of a private land dispute involving alleged encroachment and compensation?
- Is a writ petition seeking mandamus maintainable when the grievance is governed by the Uttar Pradesh Revenue Code, 2006?
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 134
Subjects
- writ petition
- mandamus
- maintainability
- Uttar Pradesh Revenue Code
- private dispute
- land encroachment
- compensation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 4253 of 2026
Pramod Kumar Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhinav Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned standing counsel
for State-respondents.
2. Present petition has been filed seeking following substantial relief:-
"i). Issue a writ, order or direction in the nature of mandamus
commanding and directing the respondents to consider and act upon the
matter (application) of the petitioner move to the authorities dated
22.12.2025 in accordance with law forthwith or within stipulated period
as fixed by this Hon'ble Court.
ii). Issue a writ, order or direction in the nature of mandamus
commanding and directing the respondents to remove the illegal
encroachment/possession made by the respondent no.5 over the land of
the petitioner khata No. 00596 gata No. 1711 area 1.3080 hectare situated
in village Sankha, Pargana Gahzipur Tehsil and District Fatehpur and also
pay the compensation for the damage caused by the respondent no.5 by
destroying the standing crops and statue of petitioner's father over the
land in dispute forthwith or within stipulated period as fixed by this
Hon'ble Court."
3. At the outset, learned Standing counsel for the State submits that
dispute between the parties is private in nature and the petitioner has
remedy to file application under Section 134 of the Uttar Pradesh
Revenue Code, 2006 for redressal of his grievance. He further submits
WRIC No. 4253 of 2026
2
that the present writ petition is liable to be dismissed as not maintainable.
4. Learned counsel for the petitioner could not dispute the aforesaid facts.
5. Accordingly, the present writ petition is dismissed as not maintainable
with liberty to approach the Competent Authority under the provisions of
the Uttar Pradesh Revenue Code, 2006, if so advised.
(Garima Prashad,J.) (Neeraj Tiwari,J.)
March 19, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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